Terms and conditions

  1. OurBus is an on-demand transport business operated by Hillsbus Co Pty Ltd (ACN 116 171 469) (‘Hillsbus’).
  2. The following Terms and Conditions (the ‘Terms’) govern the use of the OurBus services, the OurBus website (‘the Website’) and the associated application (‘the App’).
  3. Hillsbus reserves the right to alter the Terms as required without notice. At any time, the latest version of these Terms will be available from the Website at www.cdcourbus.com.au.
  4. By accepting these Terms, or by using the Website, App or OurBus services, you agree to be legally bound by both the Terms and the associated Privacy Policy (provided on the OurBus website).
  5. Hillsbus reserves the right to terminate some or all of the OurBus Services, or terminate the contractual relationship established above without prior notice.

Booking of services

  1. Bookings for the OurBus service can be made through the OurBus App, or alternatively by calling the OurBus team on (02) 8889 7050 during weekday business hours (9:00am – 5:30pm).
  2. All customers will be required to establish an OurBus account. This will occur at the point of installing the App, or when making a telephone based booking.
  3. To establish an OurBus account, Hillsbus will collect customers’ personal information as permitted or required by law, in accordance with our Privacy Policy. The Privacy Policy can be viewed at www.cdcourbus.com.au/privacy-policy/.
  4. Personal information (information or an opinion about passengers), collected from passengers, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by OurBus may be disclosed to Transport for New South Wales (TfNSW).
    TfNSW may disclose such Personal Information to other Australian government agencies. These government agencies may use Personal Information for any purpose relating to the exercise of their government functions. Such Personal Information may also be disclosed to other third parties if required by law.
    TfNSW may also use passengers contact details to conduct surveys relating to the provision of the service provided by OurBus.
    By using these services provided by OurBus, passengers consent to the collection, use and disclosure of their Personal Information in the manner outlined above.
  5. By establishing an OurBus account, you consent to Hillsbus contacting you via text or email in relation to provision of OurBus services. Hillsbus will not send you promotional material or advertising via text or email without your express consent.
  6. It is the customer’s responsibility to ensure that the details registered to their OurBus account are kept updated (including contact and payment details).
  7. Payment will occur via accepted credit or debit card, or by cash payment to the driver. Payments made via the App will be directed to a third party service provider for processing, subject to the third party’s privacy policy (https://www.westpac.com.au/privacy/full-privacy-policy/). Customers’ credit/debit card details will not be retained by Hillsbus.
  8. Accepted credit and debit cards are Visa and MasterCard.
  9. The App is available for download from our website www.cdcourbus.com.au or alternatively from the Google Play and the Apple App Store.
  10. The App requires an active internet connection, for which the customer will be responsible for any incurred costs and data charges.
  11. When downloading the OurBus App from a third party platform, it is your responsibility to review the relevant third-party conditions of use and privacy policies.
  12. It is the customer’s responsibility to ensure that other persons do not access their OurBus account.
  13. Hillsbus provides no representations or warranties:
    1. as to the fitness for a particular purpose of the OurBus services or the use of the Website or App;
    2. that the Website or the App are free from defects or viruses;
    3. that the Website and the App will be error free; or
    4. d. in relation to the infringement of third party intellectual property rights.
  14. From time to time, the Website and the App may be unavailable due to maintenance or repair requirements. Where possible, Hillsbus will provide you with advance warning of scheduled maintenance of the App or Website, and will use reasonable endeavours to ensure the disruption is minimised. Hillsbus will not accept liability for any direct or indirect loss incurred by customers as a result of:
    1. the unavailability of the App or Website;
    2. use of the App or Website; or
    3. any defects or virus transmitted to the customer’s computer equipment in accessing the App or Website.
  15. From time to time, Hillsbus may require upgrades be installed in respect of the App.
  16. Hillsbus prohibits the linking of the App or Website from third party websites.
  17. The App has been designed for use solely in Australia and Hillsbus does not accept responsibility for compliance with laws or other requirements in any other country.
  18. To use the OurBus service you must have a valid booking. A valid booking is a booking for which you have received confirmation either through the App, SMS, email or verbal booking receipt number.
  19. When boarding the OurBus service the customer will be required to present a valid booking confirmation, either printed or displayed on an electronic device, or by quoting a booking reference from the call centre.
  20. The OurBus service facilitates multiple passenger bookings to be made in a single transaction (subject to availability). The customer is responsible for selecting the correct number of passengers when making the booking.
  21. A booking will only be validated where capacity exists on the bus. In the event that there is no available capacity for the customer’s selected journey, an alternate time will be suggested. Hillsbus does not guarantee availability for all requested journeys.
  22. Passengers will not be provided with a specific designated seat on the bus.
  23. All passengers on OurBus services must wear a seatbelt.
  24. Passengers must not place any part of their body outside the vehicle while the vehicle is moving.
  25. All services are wheelchair accessible, however there is only a single space available on each bus.  The App includes a selection option to reserve a wheelchair space. It is the customer’s responsibility to ensure that the wheelchair selection is made at the time of booking to ensure that the necessary space is available on the service.
  26. Passengers will be picked-up and set-down only at the stops designated in the App or the service map provided on the website.
  27. OurBus services cannot be waved, hailed or flagged down. All bookings must be made in advance and it is the customer’s responsibility to ensure they are ready are the OurBus pick up point at the designated time.
  28. Registered users of OurBus services must be 16 years old or above. Children under 7 years old are not permitted to board OurBus services.
  29. Use of OurBus services is at the customer’s own risk. We encourage customers to consider carefully whether the OurBus services will meet their requirements.
  30. While Hillsbus will endeavour to ensure services operate reliably and punctually, there may be circumstances where OurBus services are delayed or cancelled. Hillsbus will not be liable for any costs incurred by a customer as a result of cancelled or delayed services, including consequential damages or the cost of alternative travel arrangements, including without limitation, for any failure to meet a subsequent journey on any form of transport.
  31. Customers may carry small luggage items on board (subject to vehicle capacity) however oversized items including surfboards and bicycles are not permitted. Customers are solely responsible for all baggage brought on board OurBus services and Hillsbus will not be liable for loss, theft, or damage to baggage or personal effects.
  32. It is a condition of carriage that no food or alcohol is consumed on OurBus services, and the services are strictly non-smoking. Hillsbus requires customers to respect their fellow passengers and not use offensive language or behaviour while on OurBus services.
  33. Hillsbus may charge customers an additional amount for cleaning or repair of the vehicle, where damage or soiling is caused by the customer.
  34. Hillsbus may refuse carriage to customers, or remove passengers from its vehicle if, in the opinion of Hillsbus, the person:
    1. appears to be under the influence of drugs or alcohol to such a level that they may pose a threat to themselves, to others or to property;
    2. is objectionable, violent, aggressive, disorderly or unruly towards other persons;
    3. is causing discomfort or offence to other persons, including passengers;
    4. brings on baggage that may put the safety of the vehicle or the safety or health of any person in the vehicle in danger or at risk;
    5. breaks any law; or
    6. disobeys any reasonable instruction of the driver of the OurBus service.

Payment and pricing

  1. All fares are payable to Hillsbus.
  2. Hillsbus reserves the right to alter fares at any time without prior notice.
    OurBus services operate under a fixed fare, as advertised on the OurBus website.
  3. The fixed fare is for a single trip, and it is not determined by the number of bus stops or kilometres travelled.
  4. There are no concession fares available for OurBus services.
  5. Bookings may be cancelled by the customer without incurring any cost up until 5 minutes prior to the confirmed collection time. In these circumstances, the transaction will be cancelled and will not appear on the customer’s credit/debit card statement.
  6. Where a journey is cancelled later than 5 minutes before the confirmed collection time, no refund will be provided.
  7. No refund will be provided to the customer in the event that they are not at the confirmed collection point at the confirmed collection time.
  8. Hillsbus reserves the right to refuse carriage to customers that are unable to demonstrate payment of the required fare.

Ownership of Intellectual Property

  1. Hillsbus retains exclusive ownership of all intellectual property associated with the OurBus App, the Website and the OurBus Services, including images, trademarks, photographs and text.
  2. Reproduction, modification, publishing, displaying, transmitting and selling of the content included on the Website and App is prohibited.

Indemnity

  1. You agree to indemnify Hillsbus and its related parties, together with their directors, officers, employees, suppliers, volunteers, and agents from and against any claims, actions, liabilities, losses and expenses arising from or in connection with:
    1. the use of the App, the Website or OurBus services;
    2. your breach of any of these Terms;
    3. violation of the rights of any third parties, including providers and other users; and
    4. use of information (provided such use is in accordance with our Privacy Policy and these Terms).

Contact us

Hillsbus welcomes your feedback and encourages customers to suggest ways we can improve our services.  If you have feedback or a complaint regarding OurBus services, or have a lost property query, please contact us by phone on (02) 8889 7050 or email us on ourbus@cdcus.com.au

Suspension or Termination of Account

Limitation of Liability

  1. The use of the Website, App and OurBus services is at your own risk
  2. Hillsbus and its related entities are not liable for any direct or indirect loss, damages, or expenses caused or contributed to by your use of the App, the Website or OurBus services, regardless of the cause of action.
  3. To the extent permitted by law, Hillsbus limits its liability to reperformance of the services or a refund of the fare paid. In any event, Hillsbus’s liability will not exceed the fare.

General Provisions

  1. These Terms constitute the entire agreement between Hillsbus and its customers in relation to the OurBus services.
  2. These Terms will be governed by and construed in accordance with the laws of New South Wales. The parties agree that the courts of New South Wales will have exclusive jurisdiction to determine any disputes arising under these Terms or in relation to the Website, App or OurBus services.
  3. In the event any provision of these Terms are invalid, illegal or unenforceable, that provision will be ineffective and may be severed from the Terms without invalidating the remainder of the provisions of these Terms.